REPUBLIC OF THE PHILIPPINES

SEVENTH JUDICIAL REGION

MUNICIPAL TRIAL COURT IN CITIES
Branch 15
Cebu City

PEOPLE OF THE PHILIPPINES

Plaintiff,

-versus- Criminal Case No. 12345

For: PERJURY

JUAN DE LA CRUZ,
Accused.
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MOTION FOR RELEASE ON RECOGNIZANCE

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The Accused, JUAN DE LA CRUZ, by counsel, respectfully

requests this Honorable Court to release said accused on his own
recognizance:

1. To protect the rights of the accused to bail and to speedy

trial, the following were promulgated: The Guidelines for
Decongesting Holding Jails by Enforcing the Rights of the Accused
Persons to Bail and to Speedy Trial (A.M. No. 12-11-2-SC); R.A. 10389
known as “An Act Institutionalizing Recognizance as a Mode of
Granting the Release of an Indigent Person in Custody as an Accused
in a Criminal Case and for Other Purposes”; and the Rules of Court.

2. Accused was charged of Perjury and is presently detained

in Cebu City Jail.

3. Said accused has been detained since the filing of the case
in court on 21 September 2018, or for one year to date.

4. Accused was unable to post bail of twelve thousand pesos

(P12, 000).

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 5. Accused respectfully applies for release on his own
recognizance under abovementioned R.A. 10389, A.M. No. 12-11-2-SC,
and Rules of Court. Consider:

6. Under Section 5(a) of R.A. 10389, that he be released as a

matter of right considering the offense he was charged with is not
punishable by death, reclusion perpetua, or life imprisonment.

7. Accused is an indigent and incapacitated to post a cash bail

as shown by the sworn declaration of the person in custody of his
indigency/incapacity attached herewith.

8. The indigency of the accused is also shown by certification

issued by the head of the Department of Social Welfare and
Development of Cebu City where accused actually resides as attached
herewith.

9. Accused has been arraigned.

10. He possesses none of the disqualifications under Section 7

of R.A. 10389.

11. He has been detained for a period of at least one year

beyond the minimum imposable penalty of six (6) months.

12. To date, the criminal case for perjury is still pending for the
presentation of the second witness for the prosecution.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court that the accused be released on his own
recognizance.

Other relief just and equitable under the premises are likewise
prayed for.

11 October 2019, Cebu City, Philippines.

RESPECTFULLY SUBMITTED.

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 REQUEST

THE RECEIVING CLERK

MTCC – 15, Cebu City

Greetings! Please submit the foregoing Motion to the Honorable

Court, for its consideration and approval immediately upon receipt
hereof.

JAIMARAH NAGAMORA

NOTICE

OFFICE OF THE CITY PROSECUTOR

OF CEBU CITY
Hall of Justice, Cebu City

Greetings! Please take notice that the foregoing motion will be

submitted to the Honorable Court for its consideration and approval
immediately upon receipt hereof.

JAIMARAH NAGAMORA

ALOLOR CAIMBRE CALVO & NAGAMORA

(ACCNA LAW FIRM)
Counsel for the Accused
Suite 402, 4th Floor, The Walk, Cebu I.T. Park
Lahug, 6000 Cebu City
Telefax No. (032) 143-6843
Email Address: accna_law@yahoo.com

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 BY:

FLORIZZA ALOLOR
PTR No. 8893598; 01.09.18; Cebu City
IBP No. 001238; 01.09.18; Cebu
Roll of Attorneys’ No. 40466
MCLE Compliance No. VI-0001083
Issued on 11 November 2016 at Pasig City

KIMBERLY D. CAIMBRE
PTR No. 12345; 01.09.18; Cebu City
IBP No. 001122; 01.09.18; Cebu
Roll of Attorneys’ No. 20215
MCLE Compliance No. VI-0001021
Issued on 11 November 2016 at Pasig City

FIDEL GABRIELLI CALVO

PTR No. 54321; 12.11.17; Cebu City
IBP No. 332211; 12.07.17; Cebu
Roll of Attorneys’ No. 52997
MCLE Compliance No. VI-0003684
Issued on 25 October 2017 at Pasig City

JAMAIRAH NAGAMORA
PTR No. 25896; 12.11.17; Cebu City
IBP No. 445566; 12.07.17; Cebu
Roll of Attorneys’ No. 6789
MCLE Compliance No. VI-0003684
Issued on 25 October 2017 at Pasig City

Copy Furnished (personal service):

OFFICE OF THE CITY PROSECUTOR

OF CEBU CITY, CEBU
Hall of Justice
Cebu City

Received by: ____________________

Received on: ____________________